Tiếng Việt
中文 (中国)
CIRCULAR 28/2021/TT-BYT: HS-CODED LIST OF FOOD, FOOD ADDITIVES AND FOOD-CONTACT PACKAGING FOR STATE FOOD SAFETY INSPECTION OF IMPORTED FOOD
Circular 28/2021/TT-BYT was an important reference for identifying HS-coded goods subject to state food safety inspection for imported food under the Ministry of Health. This article summarizes its scope, legal status, replacement document and operational checklist for importers and logistics teams. This article places the regulation in the practical context of import-export operations, clarifying its scope, affected parties, and the checks required before it is relied on for a shipment dossier. Before implementation, businesses should verify the effective date, amendments, and relevant official guidance applicable to the transaction, while retaining the source and document version used for later explanation or audit.
LEGAL STATUS AND APPLICATION NOTE
| Key point | Operational note |
|---|---|
| What does the document regulate? | It issued the HS-coded list of food, food additives, food processing aids and food-contact packaging/containers for state food safety inspection of imported food. |
| Effective date | Issued on 20 December 2021 and effective from 02 February 2022. |
| Current status | No longer in force from 02 November 2024 because Circular 15/2024/TT-BYT came into effect. |
| Immediate action | Review HS code, product name, intended use, ingredients, label, product declaration and food safety inspection dossier under Circular 15/2024/TT-BYT and Decision 988/QD-BYT where relevant. |
DOCUMENT INFORMATION
| Field | Details |
|---|---|
| Document name | Circular issuing the list of food, food additives and utensils/packaging materials/containers for food that have been assigned HS codes under Vietnam’s export and import nomenclature for state food safety inspection of imported food. |
| Number | 28/2021/TT-BYT |
| Issuing authority | Ministry of Health |
| Date of issuance | 20 December 2021 |
| Effective date | 02 February 2022 |
| Signer | Deputy Minister Do Xuan Tuyen |
| Legal status | Expired from 02 November 2024; current applications should be checked against Circular 15/2024/TT-BYT and relevant corrections/updates. |
| Scope | HS-coded list of food, food additives, food processing aids and food-contact packaging/containers serving state food safety inspection of imported food. |
| Affected parties | Food importers, trading companies, distributors, manufacturers, EPE/FDI factories importing food ingredients, compliance/legal/procurement/docs/operation teams and logistics providers. |
KEY POINTS TO NOTE
The Circular helped identify goods potentially subject to food safety inspection. HS code is only one layer; product name, composition, intended use and declaration dossier must also be reviewed.
Being listed does not mean the shipment dossier is sufficient. Commercial documents, product declaration/registered declaration, labels and food safety inspection documents may still be required.
From 02 November 2024, Circular 15/2024/TT-BYT is the current reference. Circular 28 remains useful mainly for historical shipments during its effective period.
For import operations, the list should be checked together with proposed HS code, commercial product name, ingredient list, intended use, original label and product declaration dossier.
AFFECTED BUSINESSES / GOODS
| Analytical group | How to review in import dossiers |
|---|---|
| Businesses | Importers, trading companies, distributors, brand owners, food manufacturers, EPE/FDI factories and logistics/customs brokerage providers. |
| Goods | Food, food additives, processing aids, food-contact packaging, containers and materials. |
| Affected stage | Pre-clearance classification and food safety policy review; customs clearance dossier submission; post-clearance record keeping, labeling and traceability. |
| Documents to check | Invoice, Packing List, B/L/AWB, contract/PO, C/O, catalogue/specification, ingredient list, COA/test report, original label and product declaration dossier. |
| Triggering conditions | HS code, ingredients, intended use, product form, food-contact packaging and sectoral management scope. |
IMPACT ON IMPORT / LOGISTICS OPERATIONS
| Operational stage | Control point | Risk if incorrectly reviewed |
|---|---|---|
| Customs declaration | HS, product description, food safety inspection policy, legal basis and competent authority. | Request for additional documents, channel change, clearance delay or product description challenge. |
| Commercial documents | Product names in invoice/packing list/B/L must align with label, ingredients, declaration and regulatory list. | Inconsistent product identity and difficulty proving actual product nature. |
| Timeline | Food safety policy should be reviewed before ETA to prepare inspection registration or declaration documents where needed. | Storage, demurrage/detention and delivery delay. |
| Post-clearance compliance | Maintain dossier by shipment; control Vietnamese labels, product declarations, inspection results and traceability data. | Difficult explanation during post-clearance audit or market inspection. |
DOCUMENT CHECKLIST
| Dossier group | Required documents | Review note |
|---|---|---|
| Commercial dossier | Commercial Invoice, Packing List, Sales Contract/PO, B/L or AWB, C/O if preferential duty is claimed. | Product name, quantity, weight and origin must be consistent. |
| Technical/product dossier | Ingredient list, specification, COA, catalogue, product images, original label and intended use. | Distinguish food, food additive, processing aid, ingredient or food-contact material. |
| Food safety dossier | Self-declaration/registered declaration, receipt of registered declaration where applicable, state food safety inspection dossier and test results if required. | Do not conclude exemption without reviewing the current list and product dossier. |
| Labeling dossier | Original label, Vietnamese supplementary label, manufacturer/importer information, ingredients, shelf life and storage/use instructions. | Labeling is often reviewed when goods enter circulation. |
| Post-clearance archive | Customs declaration, submitted sectoral documents, inspection result notices, transport and accounting documents. | Keep by shipment for post-clearance audit. |
RELATED LEGAL DOCUMENTS TO REVIEW
| Group | Document | Authority | Role | Review note |
|---|---|---|---|---|
| Law | Law on Food Safety 55/2010/QH12 | National Assembly | Base law for food safety management and obligations of food businesses. | Check updates and special cases. |
| Decree | Decree 15/2018/ND-CP | Government | Detailed implementation of the Food Safety Law: declaration, import inspection and labeling. | Core document for imported food dossiers. |
| Main circular | Circular 28/2021/TT-BYT | Ministry of Health | Former HS-coded list serving state food safety inspection. | Expired from 02 November 2024. |
| Replacement circular | Circular 15/2024/TT-BYT | Ministry of Health | Current list of food, food additives and food-contact materials subject to import food safety inspection under MOH scope. | Effective from 02 November 2024. |
| Correction decision | Decision 988/QD-BYT | Ministry of Health | Correction to Circular 15/2024/TT-BYT. | Effective from 24 March 2025. |
| HS nomenclature | Circular 65/2017/TT-BTC; Circular 31/2022/TT-BTC and current tariff schedule | Ministry of Finance | HS code basis by period. | Review according to final HS at declaration time. |
VIEW / DOWNLOAD ORIGINAL DOCUMENTS
Preferred sources: Government legal document portal, Official Gazette and competent authority websites.
FULL TEXT PREVIEW
This preview uses the signed PDF from the Government legal document portal. This English version is for operational reference and is not an official legal translation.
FAQ
1. When did Circular 28/2021/TT-BYT take effect?
It took effect on 02 February 2022.
2. Should new shipments still rely on Circular 28?
No. Current shipments should be checked against Circular 15/2024/TT-BYT, effective from 02 November 2024.
3. Does an HS code in the list automatically trigger food safety inspection?
Not automatically. Product name, ingredients, intended use, label and management scope must be reviewed.
4. Does the Circular change import duty or C/O?
No. Duties and C/O must be reviewed separately under the final HS code, tariff schedule and origin documents.
5. How should old dossiers be handled?
Check declaration date, sectoral filing date and the legal document in force at the time the dossier arose.
6. Should businesses review by product name or HS code?
Both. Food import dossiers require a combined review of HS code, technical dossier, label, ingredients and intended use.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
Send us the product name, shipping route, current dossier, or implementation request in advance so we can suggest a suitable approach that is practical, focused, and aligned with your shipment.
Vietnam Import Procedure for Fruit Wine: HS, Food Safety, Alcohol Stamps and 2026 Taxes
Import procedure guide for herbal alcoholic drinks
Sparkling wine import procedures into Vietnam 2026: licensing, food safety, e-stamps, taxes and origin
Import procedure guide for whisky
Import Procedures for Sake / Soju into Vietnam: HS, Food Safety, E-stamps, SCT and C/O 2026
Brandy / Cognac Import Procedures into Vietnam: HS, Alcohol Licence, Food Safety, Stamps and 2026 Taxes
Import procedure guide for energy drinks
Herbal Drink Import Procedures in Vietnam: HS, Food Safety, Self-Declaration and Labelling 2026
Bottled / Canned Coffee Import Procedure in Vietnam: HS, Food Safety, VAT and Labeling 2026
Beer Import Procedures into Vietnam: HS, Food Safety, SCT, VAT, Origin and Labelling 2026
Baijiu and distilled spirits import procedures into Vietnam 2026: HS, licensing, food safety, stamps and taxes
Guide to Vietnam import procedure for bottled/canned milk tea
Import procedures for carbonated soft drinks into Vietnam: HS, food safety, VAT, excise tax, C/O and labels
Import Procedures for Fruit Juice into Vietnam 2026
Vietnam bottled tea import procedures: HS, food safety, labeling, VAT and sugar tax